Maravi

Kapoko pleads not guilty as relatives tell off journalists

Kapoko pleads not guilty as relatives tell off journalists
Written by Maluba Jere and Mwala Kalaluka
Wednesday, June 03, 2009 4:23:39 PM

FORMER Ministry of Health human resources manager Henry Kapoko’s relatives on Wednesday harassed journalists who had gone to cover his case at the Lusaka Magistrates Court complex. And Lusaka magistrate Kenneth Mulife has reserved ruling in a matter where Kapoko’s lawyers Nicholas Chanda and Kelvin Bwalya applied for bail.

Some of Kapoko’s relatives who appeared emotional during and after the court hearing accused journalists of being unprofessional in the way they had covered the case since the allegations were first revealed.

Kapoko’s younger sister who is said to be a journalist at Mobi TV slapped Zambia Daily Mail photojournalist John Ngoma after the latter asked if she was one of Kapoko’s girlfriends.

The sister then got upset and started slapping Ngoma and scratched his face.

Another male relative said journalists were stupid as he by passed a group of journalists standing outside the magistrates’ court complex.

The unidentified relative said the media was stupid because it reports issues without investigating.

The remark angered the journalists who told the man not to insult them as they were just doing their job.

They complained that it was unfair for Kapoko’s relative to call them stupid saying they had covered a lot of court cases including those of high profile people like former President Fredrick Chiluba and that they had never been insulted like that before.

Kapoko’s uncle Robert Kalimi apologised for his relatives’ bad behaviour and said those [relatives] who could not restrain themselves would not be allowed to attend court proceedings.

However, Kalimi said the media was not a court and that they should desist from writing stories based on their opinions.

Earlier, taking plea before Magistrate Mulife, Kapoko pleaded not guilty to a charge of obtaining money by false pretences contrary to Section 309 of the Penal Code Chapter 87 of the Laws of Zambia.

Facts before the court were that Kapoko on an unknown date but between January 22, 2009 and February 28, 2009 in Lusaka whilst acting together with other persons unknown with intent to defraud the ministry of health of K1.9 billion by falsely pretending that he had ordered and shipped 50 000 mother-baby kits when infact not.

Kapoko denied the charge and the court entered a plea of not guilty.

And Magistrate Mulife has reserved ruling in a matter where Kapoko’s lawyers applied for bail pending trial.

In applying for bail, one of Kapoko’s lawyers Bwalya told the court that the accused was a Zambian national and that he was a married man with fixed abode.

He said Kapoko was still employed by the government of Zambia and that there was absolutely no fear of flight.

Bwalya said Kapoko was able to provide the court with sureties who are currently in full gainful employment with the government or parastatals.

“He [Kapoko] has been in custody since Saturday 30th May and so is he. Your honour, the accused has instructed us that he undertakes to obey any conditions the court may set for his bail and this court has discretion in granting bail as this offence is bailable,” he said.

Another defence lawyer Chanda reiterated Bwalya’s sentiments saying the application was being made on the premise of Article 18 which presumes every person innocent until proved guilty.

He said Kapoko was a very innocent person who was merely facing allegations.

“…Our prayer is that as you proceed in determining your discretion, bear in mind that the discretion is being used on an innocent person unless the state can prove otherwise,” Chanda said.

He said his client had cooperated in the matter since the call out was sent and that he had always availed himself whenever summoned by the Anti Corruption Commission (ACC).

But state prosecutor Frank Mumbuna strongly objected to the application saying while the state knows that bail was discretional, that discretion must be judiciously exercised.

Mumbuna urged the court not to grant Kapoko bail saying one of the conditions to sustain the application was the possibility as to whether the accused would avail himself or not.

“The condition that seems to disqualify the accused by 100 percent is that it took 10 days for the investigative wings to locate the accused for apprehension,” he said. “The investigative wings proceeded to his house but no avail, his whereabouts were not known. They proceeded to the home of accused person’s uncle, he also expressed ignorance. We give credit to the arresting officer who was very very alive who employed final tactics after getting information that the accused was leaving this country to unknown destination and this was through a phone pretending that one of his best friends wanted to see him before he could leave the country.”

Mumbuna told the court that based on that phone call, Kapoko then availed himself at Standard Chartered Bank adding that had it not been so, the police would have been chasing the wind.

“Against this background, the state strongly feels this act disqualifies the accused person in totality for his honesty is questionable,” he said. “While we note your honour that the accused is a Zambian and in gainful employment and is capable of providing credible sureties, we also note that in every bail application and granting, there are also conditions in the event that he is granted and he escapes, the only compensation to the state is forfeiture which will be in the interest of the state?

Mumbuna prayed that the court turns down the application with the merit it deserved.

But Chanda argued that the grounds laid by the state to turn down the application were baseless because the offence his client had been charged with was bailable.

He wondered whether it was the state’s understanding that the case should go by public euphoria.

Chanda emphasized that what was important were the fundamental liberties engraved in the constitution.

Bwalya also added that his client had been in detention but never under arrest by any of the investigative wings saying he would have loved the state to produce a call out to show that on the date they summoned Kapoko, he did not report to them.

He further argued that it was unfair for the state to raise strong objections against the application based on assumptions that Kapoko would run away.

“The engagement by the defence and the state has shown clearly that the state was not ready to take this man until yesterday that is when they charged him,” Bwalya said. “One even wonders why they picked him up on Saturday. So he can stay in a zero-rated hotel? It is malicious for the state to keep someone in custody when they are not ready.

Bwalya vowed to defend the matter vigorously to prove their client’s innocence.

“We shall defend this matter vigorously,” he said. “Why are they afraid? Let us go to trial not incarceration, trial-that is the issue here.”

But ruling on the matter Magistrate Mulife noted that a lot of issues had been raised and that he would reserve ruling on the matter to June 5, 2009.

Magistrate Mulife advised both parties to be committed to the set dates saying he would not entertain adjournments in the matter. He also urged the state to be ready with witnesses when the matter comes up next. The matter was adjourned to June 5 for ruling on the bail application and June 17 for mention.

Labels: COURTS, HENRY KAPOKO

posted by MrK @ 3:27 PM